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    • I recently upgraded my 3 Contract to a new phone which developed a problem. I contacted 3 and was initially told to speak to the manufacturer. They advised that as I was in the 30 day period of Consumer Rights Act 2015 to request a replacement that I go to the store to arrange this as it would offer a faster resolution. I agreed with this course of action and went to the store on day 29. Leaving it late admittedly due to health issues.   When I arrived at the store the Assistant Manager then gave just about every excuse under the sun about being able to help but because the policy was 28 days not 30 they could not help me. I countered this with CRA 2015 being 30 days and they refused to accept this so I asked for the policy in writing. We both looked on the 3 store website but embarrassingly enough for them it didn't state anything about faulty goods. The actual wording in the contract that I signed says "Refer to three.co.uk/returns" for the Full Policy which doesn't explain anything about replacement faulty goods. I know why... Because it's the legal requirement of 30 days... Store Manager being adamant the period for returns was 28 days refused to back down so I asked him to look up CRA 2015 which they declined saying "It's not my job to know the law" ... Of course if you're selling goods and services and are a manager you should be versed in CRA 2015.   Realising they weren't getting me to fold my argument they requested a colleague get a copy of the policy from the back room. When they returned it was very clear the document they were about to show me was the signed contract of another customer. Consequently I called this out and said "Don't show me that, that's someone else's personal data" which they seemed to take offence at and said I was just trying to give them a hard time. They went on to justify saying that what they were trying to show me had no personal data despite initials and a signature being clearly visible. I again instructed they take the document away from me. The wording was so small that the only way for me to read it would be to have actually taken the document to look at it. The ultimate irony is that policy in this other customers document would be irrelevant because that's not the document I signed.   Realising I was getting palmed off and probably being labeled as toxic I decided to leave, but not before writing his name down and sending off a blunt tweet to 3...   Needless to say I'm not too impressed, £16.55 out of pocket for a train ticket, probably going to need to return to the store again and having to put up with a broken phone either for 2 weeks (If manufacturer deal with this) or having to fight an outside 30 day period.   Tweet Sent... But not sure how I should approach that GDPR issue... So desperate to prove a point the manager didn't have he throws all regards to another customers data out the window?   When does my bad luck ever end...
    • did you send the irl complaint to zopla? dx
    • ok I will fill in the out of time statutory declaration.  My understanding is that the clock gets reset to when the PCN was originally issued?  If so then what do I do then as the company lo longer exists, I don't know who was driving the van on the day of the PCN so not much help 
    • That is a definite possibility, that OOT is a good idea, if accepted it will reset the debt to the original sum to pay or dispute and remove the bailiff fees.
    • Suggest that you complete the out of time statutory declaration with all of the details.   I would guess that if you were the director of this limited company that was dissolved, that you could still be liable. Doubt the Government would leave any loophole for companies with vehicles to escape PCN's after dissolution.  There will be a responsible director with on-going liability and as your name is on the DVLA records, it appears to be you.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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filrobbo

THe buying of shares in a SIPP

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Good morning , could someone please tell me if shares are bought for me, from money in a SIPP, should the trustees of signed the share form. I have removed my personal details, gut were it states the detail's of trustees is blank.

Thank you.

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Hello filrobbo.

 

I've moved your thread from the media subforums to the main pensions forum, where it should get more views.

 

HB


Illegitimi non carborundum

 

 

 

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I don't know if it's me or not, I can't read that because the print is too small for my tired eyes.

 

Are the shares showing in your SIPP statement?

 

HB


Illegitimi non carborundum

 

 

 

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Ok thank you honey bee I do have the share certificate, but I was just asking should the share form be signed by the trustees.

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who are the trustees if not yourself? It looks as though you bought the shares and they are not held in trust by a nominee, is this correct?

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What does your SIPP statement say about the shares please?

 

HB


Illegitimi non carborundum

 

 

 

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The sip is run by Guardian Pension Consultants, I have a copy of the share certificate which states I have 61,443 shares @ £1.00 in a company called KJK Investments but is in liquidation.

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Forgot to add, I have my statement to day from the Royal bank of Scotland that states I have 6p in the sip accout after GPC have taken some of there fee , which is £510 they have withdrawn £294.90, and left 6p.

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The sip is run by Guardian Pension Consultants, I have a copy of the share certificate which states I have 61,443 shares @ £1.00 in a company called KJK Investments but is in liquidation.

 

Not by any chance the same KJK Investments mentioned in this press release: https://www.gov.uk/government/news/companies-shut-down-for-operating-misleading-pension-liberation-scheme

 

If so, I think you may want to take legal advice from a qualified and experienced solicitor with a view to taking action against the trustees.


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Yes that's the one, mr tax man sent me a bill for £18.000, its still been investigated, if we have to pay this tax or not.

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filrobbo, did someone advise you to buy these shares? I mean a financial adviser or someone like that, in case you have recourse against them.

 

If you've had a tax bill, did you take cash out of the SIPP?

 

HB


Illegitimi non carborundum

 

 

 

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No I was told about the loan by a fried of a friend, and thought at the time it seed like a good idea.

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Hi filrobbo

 

Sorry but I have had to unapprove you attachment in post#1 could you please ensure any personal identifiable data is removed before re posting

 

Post Re Approved soz filrobbo was reading two different threads at same time

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Sheesh! What a complicated web of deceit.

 

I assume you realise that you are unlikely to get any of your investment back however, it is being said that the tax demands from HMRC are being resisted until the situation becomes clearer.

 

You have been swindled and your 'friend of a friend' needs a good talking to.

 

What role did Guardian Pension Consultants Ltd have in this role.

 

From research, the trustees cannot escape some of the responsibility but for things like this, it is unlikely they could be held fully responsible.

 

http://www.wealthtime.co.uk/module/content/42


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SF, I think if a regulated financial adviser made a written recommendation to buy, they could be held responsible, but maybe there wasn't one from what filrobbo says.

 

filrobbo, did this money come out of another pension fund?

 

HB


Illegitimi non carborundum

 

 

 

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SF, I think if a regulated financial adviser made a written recommendation to buy, they could be held responsible, but maybe there wasn't one from what filrobbo says.

 

20/20 hindsight!!

 

filrobbo, did this money come out of another pension fund?

 

I suspect it was AND he was under 55 at the time

 

HB

 

These 'schemes' are still ongoing, unregulated firms cashing in on the unwary. The only company that is registered is Guardian pension Consultants.


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Yes honeybee it was transferred from a council pension fund.

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I had to put my pension into a SIPP and then invest in KJK Investments, so I could get a loan from a company called G-lones , I got a loan of £32,000, they then took off the interest for the 1 st year, I was told if I defaulted on the repayments of the loan, the pension when come to the end of its term, would be used to pay back the loan and interest , I would then receive what was left.

 

Sounds good, but seems I was taken for a ride, but still no debts and I still have a roof over my head, if I didn't get the loan my house would of been repossessed.

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I have asked for a signed agreement that says, that I authorised a admin fee to be deducted from my account. But still nothing back yet.

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I'm sorry to say that I dont think HMRC will be sympathetic to your case as they will believe that you knew that you were knowingly taking part in a tax avoidance scheme. These have been reported often enough in the financail papers.

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Thanks ericsbrother yes I have seen something in the press, at the time I was told there wouldn't be any tax to pay because its a loan backed up by my pension.

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Has anyone ever used or been party to , a special tax rule called “extra-statutory concession A19” (ESC A19) allows tax arrears to be written off if three conditions are met.

 

The first is that HMRC failed to make “proper and timely” use of information provided to it; the second is that the taxpayer “could reasonably have believed their tax affairs were in order”; and the third that no notification was sent to the taxpayer within 12 months of the end of the tax year in question.

 

1. I filled in a tax form when I applied and transferred my pension for the loan. 2. I thought my tax was in order. 3. The loan and the transfer of pension funds took place in the tax year 2009-2010, I received the first letter from HMRC in Jan 2012.

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HMRC used to be quite accepting of these claims but over the last 3 years they have rejected a huge number on the grounds that you should have known that we have made a mistake. When challenged they sometimes backpeddal but they wont for this size of debt. Try one of teh financial help editors of a newspaper, they have contacts and clout as it looks as though you have been missold a product and lost your money so you will elicit sympathy if it becomes likely that the public will get to hear of it adn HMRC may well adjust their figures accordingly.

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Ok thank you again for you help

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